People v. Municipal Court (Gonzales)

On February 17, 1981, appellant David Eugene Gonzales was arrested for suspected violation of Vehicle Code section 23102, subdivision (a), driving an automobile while under the influence of intoxicating liquor. Pursuant to his arrest, and in accordance with Vehicle Code section 13353, the arresting officer asked appellant to submit to a chemical test for the purpose of determining his blood alcohol content. The officer did not, however, as required by a recent amendment to section 13353, advise appellant that in the event of refusal to submit to a chemical test, such refusal could be used as evidence against him in a court of law. Appellant refused to submit to the test. A complaint charging violation of Vehicle Code section 23102, subdivision (a), was filed in the Tulare County Municipal Court.

Based on the fact he was not advised that in the event of his refusal to submit to the test the refusal may be used against him in a court of law, appellant made a motion to have the evidence of his refusal excluded from trial.

The Tulare County Municipal Court granted appellant’s motion to exclude evidence of his refusal to submit to the blood alcohol test. The People then…